COVID-19: Government Support Package Italy - 28 April 2020 - EY

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COVID-19: Government Support Package Italy - 28 April 2020 - EY
COVID-19:
Government
Support Package
Italy
28 April 2020
COVID-19: Government Support Package Italy - 28 April 2020 - EY
2               COVID-19: Government Support Package - Italy

                On 17 March 2020 the Law Decree n.18, ‘Cura Italia’ or ‘Heal Italy’ was published in the
                Official Gazette and became immediately effective (the Decree). The Decree will be
                converted (with potential changes) into Law within 60 days from its publication.
                The Decree provides for a stimulus package including tax and other measures of EUR 25
                billion and public guarantees to the banking system that should generate the injection of
                new liquidity of EUR 340 billion.
                In addition to strengthening the public health system, the Decree introduced a number of
                extraordinary measures to economically support families, employees and companies being
                delivered through three main methods of intervention.
                On 8 April 2020, Italy’s Law Decree n. 23, referred to as the “Liquidity Decree”, was
                published in the Official Gazette and entered into force on the following day. The Liquidity
                Decree will have to be converted (with potential changes) into Law within 60 days from its
                publication to remain in force. The Liquidity Decree integrates and partially replaces the
                economic measures introduced by the Heal Italy decree that are now expected to provide
                EUR 400 billion of liquidity injection.

                1                                              2                         3
                    Employment & remuneration                      Tax & Contributions           Financial support

                These aims are primarily being delivered through:
                ►   The central tax system (covering cash tax deferral and employment support)
                ►   The benefit system for the social contribution measures
                ►   The banking system in terms of the financing schemes approved

24 April 2020   COVID-19: Government Support Package - Italy
COVID-19: Government Support Package Italy - 28 April 2020 - EY
3                                        Italian Government initial responses

                            Cash flow measures                                              Liquidity and financing                     Administration

 Tax deferrals                             Other measures                               ►   SME Guarantee Fund                 ►   Deferral of tax filings (business tax,
                                                                                                                                   personal tax and VAT)
 For the self-employed and enterprises     ►   Use of forecast method to pay            ►   SME Moratorium
 below certain turnover thresholds,            FY2020 CIT advance payments                                                     ►   Postponement of the financial
                                                                                        ►   Bank liquidity guaranteed by CDP
 taxpayers of qualified business               without penalties and interest up                                                   statements approval deadline (180
                                                                                            and counter-guaranteed by the
 sectors and qualified areas highly            to a 20% underpayment                                                               days of the end of the financial
                                                                                            Government for SMES and Mid-
 damaged by the Covid-19 crisis:           ►   Enhanced tax credit for donations                                                   year as opposed to 120 days) is
                                                                                            Caps
                                               in cash and in kind, made by                                                        allowed.
 ►   Deferral of payment of VAT
                                               individuals and non-commercial           ►   Moratorium for SIMEST Financing
                                                                                                                               ►   Suspension of activities by the
 ►   Deferral of payment of                    entities aimed at financing              ►   CDP direct and indirect lending        Italian Tax Authorities for tax
     employment income and social              interventions in the containment                                                    litigation, tax assessment, tax audit
     security contributions                    and management of COVID-19               ►   SACE - Guarantees /Insurance           and tax liquidation.
                                                                                            policies (for Italian companies
 ►   Deferral of payment of WHT on         ►   Possibility for companies to
                                                                                            exporting abroad)
     employment income and social              convert qualifying deferred tax
     security contributions                    assets into tax credits (e.g.            ►   SIMEST (support to
                                               disposal of NPLs)                            internasionalization-L.133 and
                                           ►   Other tax credits                            similar)

     Employment support                                   Welfare

 ►   Specific Ordinary and                 ►   Removal of minimum income floor
     Extraordinary Temporary Wage              for Universal Credit
     Guarantee Funds
                                           ►   Uprating of Universal Credit
 ►   Smart Working
                                           ►   Expansion of eligibility for
 ►   Dismissal Bans                            Statutory Sick Pay
 ►   Extraordinary Parental Leave
 ►   Extension of the Paid Leave
     provided by Law 104/1992

24 April 2020                            COVID-19: Government Support Package - Italy
4                             Cash flow support: Government tax deferrals –
                              Business Tax

This is an automatic          Tax payments and filings                        ►   WHT payments on employment               For more information
deferral and no application   ►   Payments of WHT on employment
                                                                                  income and social security
                                                                                  contributions payments due for the       Alexia Pinter
needs to be made.                 income and social security                                                               alexia.pinter@it.ey.com
                                  contributions originally due on the             period between 1 April and 31 May
                                  period between 8 March and 31 March             2020 by enterprises and the self-
                                                                                  employed with a previous fiscal year     Tel: +39 335 1229923
                                  2020 by the self-employed and
                                  enterprises with a previous FY                  (FY) turnover not higher than EUR 50
                                  turnover up to EUR 2 million are                million who experienced a turnover
                                  deferred to 31 May 2020 (in full or in 5        reduction of at least 33% in March and
                                  equal monthly instalments).                     April (compared to the same months
                              ►   A deferral of WHT and social                    in 2019), are deferred to 30 June
                                  contributions due up to 30 April                2020 (in full or in five equal monthly
                                  applies to taxpayers of qualified               installments). The same deferment
                                  business sectors (e.g. tourism, sport,          applies to enterprises and the self-
                                  entertainment, art, culture, education,         employed with a previous FY turnover
                                  transport, food, not-for-profit) WHTs           higher than EUR 50 million that
                                  on income derived to 31 May by small            experienced a turnover reduction of at
                                  businesses (turnover up to EUR                  least 50% in March and April
                                  400,000), with no employment                    (compared to the same months in
                                  expenses during the previous month,
                                                                                  2019). This deferment also applies to
                                  are replaced by self-assessed
                                                                                  all enterprises and the self-employed
                                  payments due by 31 July 2020 (in full
                                  or in 5 equal monthly instalments).
                                                                                  who started their activities as of 1
                                                                                  April 2019, irrespective of any other
                              ►   Filings due between 8 March 2020 and
                                                                                  prerequisites.
                                  31 May 2020 are postponed to 30
                                  June 2020. The compensation
                                  certificate (Certificazione unica) can be   Practical considerations
                                  filed by 30 April 2020 (rather than by      ►   This is an automatic payment holiday
                                  31 March)                                       with no application required.
                              ►   Payments due between 8 March and
                                  31 May 2020 arising from a variety of       Time to pay
                                  qualifying collection deeds are
                                  postponed to 30 June 2020.                  ►   These payments are deferred to 31
                                  Installments due according to certain           May 2020 (in full or 5 equal monthly
                                  Tax Amnesty Programs introduced in              instalments).
                                  the past years may be also deferred.

24 April 2020                 COVID-19: Government Support Package - Italy
5                             Cash flow support: Government tax deferrals – VAT

This is an automatic          Tax payments and filings                       ►   The suspended VAT payments mentioned       ►   The self-employed and enterprises can
                                                                                 above are due by 31 May 2020 (in full or       postpone the payment of stamp duties
deferral and no application       VAT payments up to 30 March 2020               in 5 equal monthly instalments).
                              ►                                                                                                 linked to electronic invoicing without
needs to be made.                 are suspended for taxpayers                                                                   penalties and interest as follows: (i)
                                                                             ►   VAT payments due for the period
                                  operating in sectors particularly hit by                                                      the stamp duty due for the first
                                                                                 between 1 April and 31 May 2020 by
                                  the COVID-19 crisis (e.g. tourism,                                                            quarter of FY 2020 can be paid within
                                                                                 enterprises and the self-employed
                                  sport, entertainment, art, culture,                                                           the deadline referred to the second
                                                                                 with a previous fiscal year (FY)
                                  education, transport, food, no-profit).                                                       quarter if the tax due is lower than
                                                                                 turnover not higher than EUR 50
                              ►   VAT payments from 8 March to 31                million who experienced a turnover             EUR 250; and (ii) the stamp duty due
                                  March 2020 are suspended for                   reduction of at least 33% in March and         for the first and second quarters of FY
                                  taxpayers with a previous FY turnover          April (compared to the same months             2020 can be paid within the deadline
                                  up to EUR 2 million and who are                in 2019), are deferred to 30 June              referred to the third quarter if the
                                  established in Italy or have therein a         2020 (in full or in five equal monthly         cumulative tax due is lower than
                                  fixed establishment (including,                installments). Enterprises and the self-       EUR250.
                                  irrespective of any turnover, those            employed located in specific areas
                                  located in specific areas (e.g.,               (e.g., Bergamo, Cremona, Lodi and              Practical considerations
                                  Bergamo, Cremona, Lodi and                     Piacenza provinces) can benefit from
                                  Piacenza provinces).                           such deferment even if their previous          ►   This is an automatic payment holiday
                                                                                 FY turnover was higher than EUR 50                 with no application required.
                              ►   VAT fulfillments due in the period 8
                                                                                 million. The same deferment applies                The VAT payments and filings
                                  March - 31 May 2020 are postponed                                                             ►
                                                                                 to enterprises and the self-employed               deferment should not apply to Italian
                                  to 30 June 2020 for taxpayers who
                                                                                 with a previous FY turnover higher                 VAT registrations of non-established
                                  are established in Italy or have therein
                                                                                 than EUR50 million that experienced a
                                  a fixed establishment. The deadline                                                               taxable persons.
                                                                                 turnover reduction of at least 50% in
                                  for the filing of the Annual VAT return
                                                                                 March and April (compared to the
                                  of 30 April 2020 is postponed to 30
                                                                                 same months in 2019). This                     For more information
                                  June 2020.
                                                                                 deferment also applies to all
                              ►   Payments due between 8 March and               enterprises and the self-employed who          Nicoletta Mazzitelli
                                  31 May 2020 arising from a variety of          started their activities as of 1 April         Nicoletta.Mazzitelli@it.ey.com
                                  qualifying collection deeds are                2019, irrespective of any other
                                  postponed to 30 June 2020.                     prerequisites.
                                                                                                                                Tel: +39 3357527026
                                  Installments due according to certain
                                  Tax Amnesty Programs introduced in
                                  the past years may be also deferred.

24 April 2020                 COVID-19: Government Support Package - Italy
6                             Cash flow support: Government tax deferrals –
                              Personal Tax

This is an automatic          Tax payments and filings                       Practical considerations                   For more information
deferral and no application   ►   Payment of WHT on employment               ►   This is an automatic payment holiday   Paolo Santarelli
needs to be made.                 income and social security                     with no application required.          paolo.santarelli@it.ey.com
                                  contributions due on the period
                                                                             ►   Companies are evaluating the
                                  between 8 March and 31 March 2020                                                     Tel: +39 335 1233151
                                  by the self-employed and enterprises           possibility to adopt additional
                                  with a previous FY turnover up to              economic measures in the form of
                                  EUR 2 million is deferred to 31 May            bonus and salary sacrifice.
                                  2020.
                              ►   WHT on income derived to 31 March
                                  by professionals with turnover up to
                                  EUR 400,000, with no employment
                                  expenses during February 2020, are
                                  replaced by self-assessed payments.
                              ►   Filings due between 8 March 2020
                                  and 31 May 2020 are postponed to
                                  30 June 2020.
                              ►   Payments due between 8 March and
                                  31 May 2020 arising from a variety
                                  of qualifying collection deeds are
                                  postponed to 30 June 2020.
                                  Instalments due according to certain
                                  Tax Amnesty Programs introduced in
                                  the past years may be also deferred.

                              Time to pay
                              ►   Both payment of WHT on
                                  employment income / social security
                                  contributions and the self-assessed
                                  payments mentioned above are due
                                  by 31 May 2020 (in full or in 5 equal
                                  monthly instalments).

24 April 2020                 COVID-19: Government Support Package - Italy
7                             Cash flow support: Cash tax management (1/2)

There are other tax related   Maximising cash tax value                       Practical considerations                      For more information
measures, which are not       ►   Banks, other financial institutions and     ►   Implementing instructions need to be      Alexia Pinter
specific to COVID-19, to          other companies disposing of third              issued for the sanitization tax credit.   alexia.pinter@it.ey.com
manage liquidity.                 party receivables older than 90 days by
                                  31 December 2020 can convert into                                                         Tel: +39 335 1229923
                                  tax credits existing deferred tax assets
                                  (including unrecognised) associated
                                  with: (i) tax losses carried forward; and
                                  (ii) excess notional interest deduction
                                  carried forward. Such tax credits can be
                                  used to offset other taxes, transferred
                                  to other parties or refunded.
                              ►   We recommend reassessing prior
                                  period tax deductions/reliefs to ensure
                                  the optimal position has been taken.
                                  Past tax returns can be amended
                                  before the expiry of the applicable
                                  statute of limitation to claim any
                                  identified additional deductions/reliefs.
                              ►   A tax credit of 50% of the cost for
                                  sanitising the environment, work tools
                                  and the purchase of COVID-19 personal
                                  protection equipment (PPE) is available
                                  up to a maximum of EUR 20,000
                                  expenses.
                              ►   A tax credit of 60% of the rental fee
                                  paid in March 2020 for retail spaces is
                                  available to enterprises other than
                                  those running “essential activities”.

24 April 2020                 COVID-19: Government Support Package - Italy
8                             Cash flow support: Cash tax management (2/2)

There are other tax related   Prepayment of cash taxes on                                                                For more information
measures, which are not       account                                                                                    Alexia Pinter
specific to COVID-19, to      ►   In case companies rely on the forecast                                                 alexia.pinter@it.ey.com
manage liquidity.                 method to pay FY2020 CIT (IRES and
                                  IRAP) advance payments (vs the                                                         Tel: +39 335 1229923
                                  traditional historical method based on
                                  previous FY results), no penalties and
                                  interest apply up to a 20%
                                  underpayment

                              Deferral of cash tax payments                  Practical considerations
                              ►   VAT balancing payments can be              ►   The deferral of cash tax payments
                                  postponed to the following month by            was already present in the Italian
                                  paying an additional 0.4% for each             rules and was not introduced by the
                                  month of delay (up to three months, or         COVID-19 decree. However it should
                                  up to four months paying an additional         be considered in order to efficiently
                                  0.4% on the overall amount due).               manage taxpayers’ cash positions.
                              ►   Tax payments can be postponed by
                                  paying the related penalties (e.g. 1.67%
                                  if paid within 90 days, 1.5% if paid
                                  within 30 days, 0.1% for each day of
                                  delay if paid within 15 days).
                              ►   CIT and Italian tax on productive
                                  activities payments can be postponed
                                  to the following month by paying an
                                  additional 0.4%.

                              Tax Refunds                                    Practical considerations                    For more information
                              ►   Quarterly or annual VAT refund claims      ►   This measure was already present in     Nicoletta Mazzitelli
                                  can be filed, depending on the kind of         the Italian rules and was not           Nicoletta.Mazzitelli@it.ey.com
                                  transactions performed.                        introduced by the COVID-19 decree.      nic
                                                                                 However it should be considered in      Tel: +39 335 7527026
                                                                                 order to efficiently manage
                                                                                 taxpayers’ cash positions. Although
                                                                                 specific filings are required.
24 April 2020                 COVID-19: Government Support Package - Italy
9                              Employment Law support: Dismissal Ban

In order to safeguard          Dismissal ban                                  Practicalities                               For more information
occupational levels and not    The Decree prohibits dismissals for            ►   Particular consideration is required     Stefania Radoccia
to frustrate public economic   economic reasons (both on a collective             as to which workers are covered by
                                                                                                                           Stefania.Radoccia@it.ey.com
resources, the Decree          and individual basis) for a period of 60           the provision (it is not clear whether
                               days from the date of entry into force of          this applies to executives).             Tel: +39 335 7454259
provides for a temporary       the Decree.
ban on dismissal for                                                          ►   Due legal assessment will be
                               In this regard, the initiation of mobility         required to justify each dismissal
justified objective reason
                               and staff reduction procedures pursuant            (e.g. failing in during probation
(both collective and           to Law No. 223 of 23 July 1991 is                  period, disciplinary dismissal, etc.)
individual).                   precluded for 60 days and during the               and should be evaluated on a case by
                               same period the pending procedures                 case basis.
                               initiated after the date of 23 February
                               2020 are suspended.
                               Until the expiry of that period, the
                               employer, irrespective of the number of
                               employees, may not terminate the
                               contract for justified objective reasons
                               within the meaning of Article 3 of Law
                               No. 604 of 15 July 1966.

28 April 2020                  COVID-19: Government Support Package - Italy
10                             Employment Law support: Temporary Wage
                               Guarantee Funds

In order to safeguard          Temporary wage support                         Practicalities                                 For more information
occupational levels and not    ►   With the Law Decrees 9/2020 and            ►   For contributions starting on 23           Stefania Radoccia
to frustrate public economic       17/2020, special temporary wage                February 2020 the maximum period
                                                                                                                             Stefania.Radoccia@it.ey.com
resources, the Decree also         guarantee funds connected to the               of relief is up to 9 weeks, with a final
provides special temporary         health emergency have been                     end date of August 2020.                   Tel: +39 335 7454259
                                   implemented by the Italian
wage support.                      Government in order to mitigate
                                                                              ►   The Red-Zone of Italy can benefit
                                                                                  from longer period of wage
                                   potential drops in production and to
                                                                                  subsidies, and covers 80% of unpaid
                                   integrate the salaries of employees
                                                                                  wages, up to circa 1,100
                                   either with reduced working hours or
                                                                                  EUR/month.
                                   total suspension of working activity.
                                                                              ►   The use of temporary wage
                               ►   The beneficiaries of the treatments
                                                                                  guarantee funds shall be assessed
                                   are persons employed as at 23
                                                                                  also evaluating all the possible
                                   February 2020 and no minimum
                                                                                  alternative methods for managing
                                   length of service is required.
                                                                                  the employment relationship,
                               ►   In the case of trade union                     provided by law and collective
                                   consultation, the Decrees provides             bargaining agreements (including
                                   for a simplified procedure which can           the utilisation of smart working,
                                   also take place through electronic             holidays, permits, leave, etc.) that
                                   means.                                         allow the suspension or the
                                                                                  reduction of work.

28 April 2020                  COVID-19: Government Support Package - Italy
11                          Employment Law support: Other measures

 Additional measures        Other Measures                                 For more information
 announced to support       ►   Additional parental leave has been         Stefania Radoccia
 workers and companies to       granted for private sector employees
                                                                           Stefania.Radoccia@it.ey.com
 protect work and income        and for the self-employed workers
                                enrolled in the INPS’s social security     Tel: +39 335 7454259
                                specific accounts, parents of children
                                aged under 12 years or of disabled
                                children. The parental leave provides
                                employee the option to refrain from
                                work for a continuous or split period
                                of 15 days. Where an employee
                                utilises this parental leave they are
                                entitled to receive a payment equal
                                to 50 per cent of their salary.
                            ►   An additional 12 days of paid leave
                                can be taken between March and
                                April 2020 where additional care is
                                required for disabled family
                                members, pursuant to Law
                                104/1992.

28 April 2020               COVID-19: Government Support Package - Italy
12                            Tax litigation and other correspondence with the
                              Italian tax authorities

Tax litigation and other      Suspension of the terms for tax                                                              For more information
correspondence is currently   litigation                                                                                   Maria Antonietta Biscozzi
suspended.                    ►   The ordinary terms for tax audit, tax                                                    Amaria-antonietta.biscozzi@it.ey.com
                                  assessment, tax collection and tax
                                  litigation are suspended from 8 March                                                    Tel: +39 335 1229318
                                  2020 to 31 May 2020.
                              ►   Tax court hearings are postponed to a
                                  date after 11 May 2020 and the terms
                                  for filing appeals before tax courts of
                                  first instance and other procedures are
                                  suspended until 11 May 2020.

                              Suspension for other                             Practical considerations                    For more information
                              correspondence with the Italian                  ►   The terms of reply for all the          Maria Antonietta Biscozzi
                              Tax Authorities                                      requests filed along the suspension     Amaria-antonietta.biscozzi@it.ey.com
                              ►   The suspension mentioned above                   period will start again from the last
                                  applies also to: (1) the ordinary terms          day of the suspension window.           Tel: +39 335 1229318
                                  for the Tax Authorities to reply to ruling
                                  requests, and to the filing of
                                  supplementary documentation; (2) the
                                  reply to the admission request to the
                                  cooperative compliance regime; (3) the
                                  international ruling procedure; (4)
                                  transfer pricing downward adjustment
                                  procedure; (5) patent box procedures.

24 April 2020                 COVID-19: Government Support Package - Italy
13                         Other administrative measures

The Decree provides also   Regulations and Filings                         Practical considerations                   For more information
for non-tax related        ►   Specific provisions were introduced         ►   Despite the decree making express      Alexia Pinter
measures.                      allowing companies to call ordinary             reference only to the shareholders     alexia.pinter@it.ey.com
                               shareholder meetings to approve the             meetings, the doctrine currently
                               2019 financial statements within 180            considers these provisions as          Tel: +39 335 1229923
                               days of the end of the financial year (as       applicable to the meetings of the
                               opposed to 120 days).                           board of directors as well.
                           ►   The Decree generally allows all             ►   To date there has been no official
                               members to attend the shareholder               communication from the Italian Tax
                               meetings by way of                              Authorities on the impact of virtual
                               telecommunications, also in exception           meetings (as opposed to physical
                               to the provisions of the by-laws.               presence) to tax residency.

24 April 2020              COVID-19: Government Support Package - Italy
14                              Liquidity and financing support

The Italian Government will     Who is eligible?                                What does it cover?                        Practical considerations
provide for temporary           ►   (1) SACE Guarantees:                        ►    (1) SACE Guarantees:                  ►   (1) SACE Guarantees:
liquidity support to Italian        Italian large companies (different
                                                                                a)   90% of the amount with regard to          Euro 200bn amount.
companies either through:           from banks and credit institutions),
                                                                                     beneficiaries with no more than 5
                                    SMEs (including self-employed                                                              Admitted beneficiaries are Italian
(i) guarantees granted by                                                            thousand employees in Italy and a
                                    workers and professionals)                                                                 companies that:
                                                                                     turnover (also achieved outside
SACE S.p.A (the “SACE               (1-BIS) Central SMEs Guarantee                   Italy) up to Euro 1.5 billion;
                                ►                                                                                              (i)    as of 31 December 2019 were
Guarantees”) over loans             Fund: SMEs, companies different                                                                   not considered as being “in
(until 31.12.2020);                                                             b)   80% of the amount with regard to
                                    from SMEs but having up to 499                                                                    difficulty” (as defined pursuant
                                                                                     beneficiaries with more than 5
                                    employees and in certain limited                                                                  to the European Regulation);
(ii) guarantees granted by          cases individuals.
                                                                                     thousand employees in Italy or a
                                                                                                                                      and
Fondo Centrale di Garanzia                                                           turnover (also achieved outside
                                ►   (2) SME moratorium for current                   Italy) between Euro 1.5 and Euro 5        (ii)   as of 29 February 2020 did not
delle PMI (the “Central             loans                                            billion; and                                     have past due exposures
SMEs Guarantee Fund”                                                                                                                  towards the bank system;
until 31.1.2020) ; or           ►   (3) SMEs and Mid-cap entities having        c)   70 % of the amount with regard to
                                                                                                                                      several undertakings are
                                    suffered a material reduction in                 Beneficiaries with a turnover (also
                                                                                                                                      conditions precedent for the
(iii) several suspension and        turnover and falling into specific               achieved outside Italy) over Euro 5
                                                                                                                                      granting of the Guarantee; loan
moratorium schemes                  business sector particularly affected            billion. The aforesaid percentages
                                                                                                                                      agreements must have a
                                    by COVID                                         may also be increased by a MEF
granted to certain SMEs /                                                            Decree.
                                                                                                                                      maturity of less than 6 years;
mid-cap / eligible entities     ►   (4) Moratorium in respect of current                                                              SACE Guarantee amount
(generally until                    SIMEST financing.                           ►    (1-BIS) Central SMEs Guarantee                   increases (from 25b to 200bp
                                                                                     Fund:                                            per year) depending on the
30.09.2020).                                                                                                                          nature of the borrower and
                                                                                a)   100% for loans of up to Eur 25.000;
The eligible entities are                                                                                                             maturity of the relevant
                                                                                b)   90% for loans up to Eur 800.000,                 guaranteed loan. The amount
mainly those (i) having                                                              for companies with revenues of up                of the loan is linked to specific
positions not classified by                                                          to Eur 3.2 m. Such percentage may                criteria (such as the amount of
the banks as "bad debts" or                                                          also be increased up to 100% with                income, cost of personnel as
"probable defaults" or (ii)                                                          the counter-guarantee of Confidi;                the case may be). Use of
not falling within the notion                                                                                                         proceeds is very limited to
                                                                                c)   in the other cases 90% of the loans
                                                                                                                                      specific purposes (not for
of "firm in difficulty"                                                              with an overall amount up to Eur 5
                                                                                                                                      refinancing).
pursuant to art. 2, point 18                                                         m;
of Regulation (EU) no.
651/2014
28 April 2020                   COVID-19: EMEIA EY Government Support Package
15                              Liquidity and financing support

The Italian Government will     Who is eligible?                                What does it cover?                          Practical considerations
provide for temporary                                                           d)    the renegotiation of the debt of the     ➢   (1-BIS) Central SMEs Guarantee
liquidity support to Italian                                                          beneficiary can also benefit from a          Fund:
companies either through:                                                             direct guarantee of 80% or the
                                                                                                                                   Maximum of EURO 5M per
                                                                                      reinsurance of 90%, provided that
(i) guarantees granted by                                                                                                          company.
                                                                                      the new loan provides for the
SACE S.p.A (the “SACE                                                                 disbursement of additional credit of         Admitted beneficiaries that:
Guarantees”) over loans                                                               at least 10% of the residual debt
                                                                                                                                   (i)   after 31 December 2019,
(until 31.12.2020);                                                                   amount;
                                                                                                                                         have been admitted to the
                                                                                e)    extension of the duration of the                   arrangement procedure on a
(ii) guarantees granted by                                                            guarantee in the event of                          going concern basis
Fondo Centrale di Garanzia                                                            suspension of the amortization                     (pursuant to article 186-bis
delle PMI (the “Central                                                               instalments/ extension of the                      of the Bankruptcy Law), or
SMEs Guarantee Fund”                                                                  maturity of the loan;                              have been entered into
until 31.1.2020) ; or                                                                                                                    restructuring agreements
                                                                                f)    financing transactions already
                                                                                                                                         (pursuant to article 182-bis
                                                                                      executed by the lender no later than
(iii) several suspension and                                                          3 months after the date of
                                                                                                                                         of the Bankruptcy Law) or
moratorium schemes                                                                                                                       have been submitted a
                                                                                      submission of the request and, in
                                                                                                                                         reorganization plan
granted to certain SMEs /                                                             any case, after 31 January 2020.
                                                                                                                                         (pursuant to article 67 of the
mid-cap / eligible entities                                                     ►    (2) SME moratorium is granted up to                 Bankruptcy Law). In any
(generally until                                                                     30 September 2020 in respect of                     case, beneficiaries with
30.09.2020).                                                                         loans expiring within such a date,                  exposures classified as "non-
                                                                                     and in respect of the entire                        performing" are excluded.
The eligible entities are                                                            installment or the sole principal for               Depending on either the
mainly those (i) having                                                              each installment due for payment                    nature of the borrower or
positions not classified by                                                          within such a date.                                 the characteristics of the
the banks as "bad debts" or                                                                                                              guaranteed operations, the
                                                                                ►    (3) The liquidity support is provided
                                                                                                                                         Guarantee may cover
"probable defaults" or (ii)                                                          by the bank system, supported by a
                                                                                                                                         between 80% up to 90% of
not falling within the notion                                                        guarantee to be provided by CDP (up
                                                                                                                                         the relevant amount. No
                                                                                     to 80%) and counter-guaranteed by
of "firm in difficulty"                                                              the Italian Government (up to 80%).
                                                                                                                                         limitations on use of
pursuant to art. 2, point 18                                                                                                             proceeds in general.
of Regulation (EU) no.
651/2014
28 April 2020                   COVID-19: EMEIA EY Government Support Package
16                              Liquidity and financing support

The Italian Government will     Who is eligible?                                What does it cover?                        Practical considerations
provide for temporary                                                               Such approach will boost the             ➢   (2) Self-certificates should be
liquidity support to Italian                                                        financing capacity, given that the           issued by the SMEs to declare
companies either through:                                                           credit risk is apportioned mainly at         their shortage of liquidity due the
                                                                                    Government level, and residually at          COVD breakout. The moratorium
(i) guarantees granted by                                                           the bank and CDP level.                      is assisted by 33% guaranteed of
SACE S.p.A (the “SACE                                                           ➢   (4) Financing granted by SIMEST
                                                                                                                                 Fondo di Garanzia (as above)
Guarantees”) over loans                                                                                                          upon request by the company to
                                                                                    (Fondo 394) may benefit of the
(until 31.12.2020);                                                                                                              the bank.
                                                                                    suspension up to 12 months – until
                                                                                    31 December 2020 – in respect of         ➢   (3) Implementation not yet
(ii) guarantees granted by                                                          bullet refund or periodical                  approved – currently pending
Fondo Centrale di Garanzia                                                          repayments.                                  identification of eligibility
delle PMI (the “Central                                                                                                          conditions.
SMEs Guarantee Fund”                                                                                                         ➢   (4) (i) 6 month deferment to
until 31.1.2020) ; or                                                                                                            report actual use of funds after
                                                                                                                                 draw down and 6 month
(iii) several suspension and                                                                                                     postponement of both grace
moratorium schemes                                                                                                               period and amortization plan; (ii)
granted to certain SMEs /                                                                                                        Cancelation of 2% penalty in case
mid-cap / eligible entities                                                                                                      of no drawn down of committed
(generally until                                                                                                                 funds (iii) Moratorium on both
                                                                                                                                 capital and interests due until end
30.09.2020).                                                                                                                     of 2020, which will be postponed
The eligible entities are                                                                                                        starting from January 2021
mainly those (i) having
positions not classified by                                                                                                      For more information
the banks as "bad debts" or
                                                                                                                                 Massimiliano.Bianchi@it.ey.com
"probable defaults" or (ii)
not falling within the notion                                                                                                    (+39 3384617522)
of "firm in difficulty"                                                                                                          Giovanni.Grandini@it.ey.com
pursuant to art. 2, point 18                                                                                                     (+39 3487932618)
of Regulation (EU) no.
651/2014
28 April 2020                   COVID-19: EMEIA EY Government Support Package
17                              Liquidity and financing support

The Italian Government will     Who is eligible?                What does it cover?                    Practical considerations
provide for temporary           ►   (5) SME and MID-Cap         ►   (5) Indirect Lending – Liquidity   ►   (5) 3 Plafonds: (i) PMI: tot. EUR 6.0bn addressed to
liquidity support to Italian        companies                       : CDP provides liquidity to            SMEs with less than 250 employees (regardless
companies either through:                                           banks at low interest rates as         revenues and total assets value); (ii) MID: tot. EUR
                                ►   (6) All companies
                                                                    a measure to encourage                 3.5bn for Mid-cap companies (250-3,000
(i) guarantees granted by       ►   (7) All companies               corporates to access credit.           employees); (iii) “Reti e Filiere”: tot. EUR 0.5bn for
SACE S.p.A (the “SACE           ►   (8) SMEs and large ones
                                                                    This program is called                 SMEs and Mid-cap companies which are part of a
Guarantees”) over loans                                             “Piattaforma Imprese” and              network of companies or in a formally
                                                                    consists of 3 ceilings aimed at        contractualised supply-chain
(until 31.12.2020);
                                                                    financing CapeEx plans and
                                                                                                       ►   (6) (i) CDP’s stand-alone minimum ticket is around
(ii) guarantees granted by                                          Working Capital needs.
                                                                                                           EUR 8-10m, vis-à-vis a minimum overall financing of
Fondo Centrale di Garanzia                                      ►   (6) Direct Lending - CDP can           EUR 20m together with at least other 2-3 banks; (ii)
delle PMI (the “Central                                             directly finance (both direct          Proceeds to be used for CapEx or corporate
SMEs Guarantee Fund”                                                lending and bonds), although           acquisitions (usually not for refinancing purposes);
                                                                    not as sole-lender but only as         (iii) Usually amortising repayment schedule (with final
until 31.1.2020) ; or
                                                                    co-lender with other banks             balloon), helping to extend maturity / average life of
(iii) several suspension and                                        (pool).                                the overall medium / long term financing
moratorium schemes                                              ►   (7) SACE - Guarantees /            ►   (7) (i) CDP’s stand-alone minimum ticket is around
granted to certain SMEs /                                           Insurance policies (for Italian        EUR 8-10m, vis-à-vis a minimum overall financing of
mid-cap / eligible entities                                         companies exporting abroad) :          EUR 20m together with at least other 2-3 banks: (ii)
                                                                    CDP can directly finance (both         Proceeds to be used for CapEx or corporate
(generally until
                                                                    direct lending and bonds),             acquisitions (usually not for refinancing purposes);
30.09.2020).                                                        although not as sole-lender            (iii) Usually amortising repayment schedule (with final
The eligible entities are                                           but only as co-lender with             balloon), helping to extend maturity /average life of
                                                                    other banks (pool).                    the overall medium / long term financing.
mainly those (i) having
positions not classified by                                     ►   (8) SIMEST (support to             ►   (8) These loans allow companies to develop projects
                                                                    internationalization and               for growth on international markets by financing at a
the banks as "bad debts" or
                                                                    similar activities) - New              subsidized rate (currently 0.069% per annum) the
"probable defaults" or (ii)                                         resources to “Fondo 394” up            expenses for: (i) participating in international fairs,
not falling within the notion                                       to EUR 400m to support                 (ii) carrying out feasibility studies, (iii) open a first
of "firm in difficulty"                                             Italian companies going                commercial structure, (iv) obtain - in the case of an
pursuant to art. 2, point 18                                        abroad.                                exporting company - medium-long term resources to
of Regulation (EU) no.                                                                                     enhance its export capacity.
651/2014
28 April 2020                   COVID-19: EMEIA EY Government Support Package
18                              Liquidity and financing support

The Italian Government will     Who is eligible?                What does it cover?                   Practical considerations
provide for temporary           ►   (9) Qualifying MID-Cap      ►   (9) Special loans may be          ►   (9) The applicant must have (i) an annual turnover
liquidity support to Italian        and large companies             granted directly by CDP               higher than Eur 50m and must (ii) demonstrate to
companies either through:                                           preferably in co-financing with       have suffered a damage from the COVID-19
                                                                    the banking system with CDP           emergency resulting in at least a 10% reduction in
(i) guarantees granted by                                           share between 5 and 50 m              turnover compared to the corresponding period of
SACE S.p.A (the “SACE                                               EUR and duration up to 18             the previous FY. The economic conditions of the loan
Guarantees”) over loans                                             months, in order to support           comply with market conditions, based on the rating
                                                                    the financial needs connected         class of the beneficiary and duration.
(until 31.12.2020);
                                                                    with temporary liquidity or
(ii) guarantees granted by                                          working capital needs . This
Fondo Centrale di Garanzia                                          tool is not aimed at SMEs.
                                                                    Only Mid - Large companies
delle PMI (the “Central                                             hit by the Covid-19 crisis with
SMEs Guarantee Fund”                                                an annual turnover higher
until 31.1.2020) ; or                                               than EUR 50m may qualify.
                                                                    This measure is intended to
(iii) several suspension and                                        finance a variety of
moratorium schemes                                                  investment plans.
granted to certain SMEs /
mid-cap / eligible entities
(generally until
30.09.2020).
The eligible entities are
mainly those (i) having
positions not classified by
the banks as "bad debts" or
"probable defaults" or (ii)
not falling within the notion
of "firm in difficulty"
pursuant to art. 2, point 18
of Regulation (EU) no.
651/2014
28 April 2020                   COVID-19: EMEIA EY Government Support Package
19                               Global EY COVID-19 Stimulus Response Tracker

Our tracker provides a           Key jurisdictions covered by the Response Tracker include:
snapshot of the policy
changes that have been           ►   Australia                       ►   Denmark      ►   Malaysia             ►   Sweden
announced in jurisdictions
                                 ►   Austria                         ►   France       ►   New Zealand          ►   Switzerland
around the world in
response to the COVID-19         ►   Belgium                         ►   Germany      ►   Norway               ►   Taiwan
crisis.                          ►   Brazil                          ►   Greece       ►   Puerto Rico          ►   Thailand
Policy changes across the        ►   Canada                          ►   Hong Kong    ►   Singapore            ►   Ukraine
globe are being proposed
and implemented on a daily       ►   China                           ►   Indonesia    ►   Slovak Republic      ►   United Kingdom
basis.                           ►   Colombia                        ►   Italy        ►   Slovenia             ►   United States
The document will be             ►   Cyprus                          ►   Japan        ►   South Korea
updated on an ongoing
basis but not all entries will   ►   Czech Republic                  ►   Luxembourg   ►   Spain
necessarily be up to date as
the process moves forward.

                                                                                      To download the latest Response Tracker visit:
                                                                                      ey.com/en_us/tax/how-covid-19-is-causing-
                                                                                      governments-to-adopt-economic-stimulus--

24 April 2020                    COVID-19: Government Support Package - Italy
Contacts
  20

Stefania Radoccia                       Davide Bergami                              Alexia Pinter                       Maria Antonietta Biscozzi
Partner – Employment Law - EY Tax       Partner – Tax & Law Markets                 Partner – Business Tax Services     Partner – Tax Controversy
& Law Italy Leader

Stefania.Radoccia@it.ey.com             davide.bergami@it.ey.com                    alexia.pinter@it.ey.com             maria.antonietta.biscozzi@it.ey.com
+39 335 7454259m                        +39 3351229309                              +39 335 1229923                     +39 3351229318

Nicoletta Mazzitelli                    Marco Cristoforoni                          Giusy Bochicchio                  Giovanni Grandini
Partner – Indirect Tax                  Partner – Private Client Services           Partner – Transfer Pricing        ED - Corporate Debt Advisory
                                                                                                                      Giovanni.Grandini@it.ey.com
nicoletta.mazzitelli@it.ey.com          Marco.cristoforoni@it.ey.com                Giusy.bochicchio@it.ey.com        +39 3487932618
+39 3357527026                          +39 335 1229736                             +39 335 6022681

Paolo Santarelli                        Giovanni Lettieri                           Maria Teresa Iannella
Partner – People Advisory Services      Partner – Business Tax Advisory             Partner – Labour Law

paolo.santarelli@it.ey.com              Giovanni.Lettieri@it.ey.com                 Maria-teresa.iannella@it.ey.com
Tel: +39 335 1233151
                                        +39 335 5651957                             +39 334 6550853

24 April 2020                        COVID-19: Government Support Package - Italy
EY | Assurance | Tax | Transactions | Advisory

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